SECOND GROUP OF PARTSU.K.Provisions applying to sentencing courts generally

PART 2 E+WPowers exercisable before passing sentence

CHAPTER 2E+WCommittal to the Crown Court for sentence

Power of Crown Court on committal for sentenceE+W

21Power of Crown Court on committal for sentence of offender under section 14, 15 or 18E+W

(1)This section applies where an offender is committed by a magistrates' court for sentence under—

(a)section 14(2) (committal for sentence on summary trial of offence triable either way),

(b)section 15(2) (committal for sentence of dangerous adult offenders), or

(c)section 18(1) (committal for sentence on indication of guilty plea to offence triable either way).

(2)The Crown Court—

(a)must inquire into the circumstances of the case, and

(b)may deal with the offender in any way in which it could deal with the offender if the offender had been convicted of the offence on indictment before the court.

This is subject to subsections (4) and (5).

(3)Any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—

(a)is not to be discharged or exercised by that court, but

(b)is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

(4)Subsection (5) applies where a magistrates' court—

(a)commits an offender under section 18(1) to be dealt with in respect of an offence (“the offence”), but

(b)does not make a statement under section 18(4) (statement of power to commit under section 14(2) or 15(2)).

(5)Unless the offender is convicted before the Crown Court of at least one of the offences for which the magistrates' court has sent the offender for trial (see section 18(1)(b))—

(a)subsection (2)(b) does not apply, and

(b)the Crown Court may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender for it.

(6)Section 20A(1) of the Magistrates' Courts Act 1980 (which relates to the effect of an indication of sentence under section 20 of that Act) does not apply in respect of a specified offence (see section 306)—

(a)in respect of which the offender is committed under section 15(2) (dangerous adult offenders), or

(b)in respect of which—

(i)the offender is committed under section 18(1) (guilty plea to offence triable either way), and

(ii)the court makes a statement under section 18(4) that, in its opinion, it also has power to commit the offender under section 15(2).

22Power of Crown Court on committal for sentence of person under 18 under section 16, [F116A,] 17 or 19E+W

(1)This section applies where an offender is committed by a magistrates' court for sentence under—

(a)section 16(2) (committal for sentence of young offenders on summary trial of certain serious offences),

[F2(aa)section 16A(2) (committal for sentence of young offenders on summary trial of certain terrorist offences),]

(b)section 17(2) (committal for sentence of dangerous young offenders), or

(c)section 19(1) (committal for sentence on indication of guilty plea by child or young person with related offences).

(2)The Crown Court—

(a)must inquire into the circumstances of the case, and

(b)may deal with the offender in any way in which it could deal with the offender if the offender had been convicted of the offence on indictment before the court.

This is subject to subsections (4) and (5).

(3)Any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—

(a)is not to be discharged or exercised by that court, but

(b)is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

(4)Subsection (5) applies where a magistrates' court—

(a)commits an offender under section 19(1) to be dealt with in respect of an offence (“the offence”), but

(b)does not make a statement under section 19(3) (statement of power to commit under section 16(2) [F3, 16A(2)] or 17(2)).

(5)Unless the offender is convicted before the Crown Court of at least one of the offences for which the magistrates' court has sent the offender for trial (see section 19(1)(a))—

(a)subsection (2)(b) does not apply, and

(b)the Crown Court may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender for it.

23Power of Crown Court on committal for sentence under section 20E+W

(1)Subsection (2) applies where under section 20(2) or (4)(a) (committal for sentence in certain cases where offender committed in respect of another offence) a magistrates' court commits a person to be dealt with by the Crown Court in respect of an offence.

(2)The Crown Court—

(a)must inquire into the circumstances of the case, and

(b)may deal with the offender for the offence in any way in which the magistrates' court could have dealt with the offender (assuming it had convicted the offender of the offence).

(3)Subsection (4) applies where under section 20(4)(b) a magistrates' court commits a person to be dealt with by the Crown Court in respect of a suspended sentence.

(4)The powers under paragraphs 13 and 14 of Schedule 16 (power of court to deal with suspended sentence) are exercisable by the Crown Court.

(5)Subsection (6) applies where under section 20 a magistrates' court commits a person to be dealt with by the Crown Court.

(6)Without prejudice to subsections (1) to (4), any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court—

(a)is not to be discharged or exercised by that court, but

(b)is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).